Maryland Senate Bill SB66

Maryland 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23

Caption

Criminal Procedure - Expungement - Mistaken Identity

Impact

If enacted, SB66 will have a significant impact on state laws concerning criminal records and the rights of individuals wrongly accused. The bill’s provisions would require the automatic expungement of any police or court records following a dismissal or acquittal due to mistaken identity. Such a change addresses the need for protecting individuals from the long-term consequences that can arise from wrongful charges, thereby enhancing fairness in the criminal justice system.

Summary

Senate Bill 66, titled 'Criminal Procedure – Expungement – Mistaken Identity', aims to amend the criminal procedure in Maryland by introducing measures to automatically expunge the records of individuals falsely charged with crimes due to mistaken identity. The bill dictates that if a charge against a person is dismissed because of mistaken identity, it is the responsibility of the State's Attorney to notify the court of the dismissal reason. Consequently, any related records must be expunged, ensuring that individuals are not unjustly burdened by having a criminal record in such situations.

Contention

While the bill emphasizes the necessity of justice for those wrongfully accused, potential points of contention may arise regarding the implementation and resources required to ensure compliance with the automatic expungement process. Concerns may also exist about the implications of this bill on law enforcement practices and the responsibilities of record custodians. Given its nature, the bill may evoke discussions on balancing the protection of individual rights with the efficiency and effectiveness of the judicial process.